Erwin v. Lowry

The judgment of the court was pronouced by

SniDEM., J.

The plaintiff claims a balance of principal and interest from maturity, due on two promissory notes given by McNeil, the drawer, in 1835, for tho price, in part, of certain real proporty situated in this Shite, and secured by mortgage thereon. The notes matured in January, 1839, and this suit was brought in April, 1844. The first matter to be considered, is a plea of prescription.

It appears that, in the year 1840, this plaintiff obtained in the United States Circuit Court for Louisiana, an order of seizure and sale upon these notes; the…